See Monopolies. TRUSTS. I. CREATION, EXISTENCE, AND VA- bark in litigation.-Twin Lakes Land & Water V. RIGHTS AND LIABILITIES OF (C) Bona Fide Purchasers. (A) Express Trusts. 220 (U.S.C.C.A.) No one is bound to assume 44(1) (U.S.C.C.A.) Evidence held insufficient and hunt for wrong in acts of those who have to establish an alleged agreement by the second dealt in title to land he is buying, when that tiwife of plaintiff's stepfather to hold a share of tle is fair on its face, in order to secure himself the stepfather's estate in trust for plaintiff.-rights of bona fide purchaser.-United States v. Price v. Wallace, 61. Beaman, 464. 44(3) (U.S.C.C.A.) Agreement whereby trust is created will not be enforced, unless clearly and satisfactorily proved, and shown to be clear and specific in its terms.-Price v. Wallace, 61. See, Towage. TUGS. ULTRA VIRES. See Banks and Banking, 101; Principal and UNFAIR COMPETITION. See Trade-Marks and Trade-Names, 70. UNITED STATES. See Courts, 270-405, 489; Indians; Patents; Public Lands, 35-135; Removal of Causes. VACATION. 229(3) (U.S.C.C.A.) Defendant, which purchased land valuable for coal deposits, which had been patented some years under the Homestead Law as agricultural, held bona fide purchaser.-United States v. Beaman, 464. 233 (U.S.C.C.A.) License to work mine held not required to be recorded by Civ. Code Alaska, § 98, requiring the recording of conveyances of real property to be good against subsequent purchasers in good faith.-In re Seward Dredging Co., 65. 233 (U.S.C.C.A.) Unrecorded deed from successful plaintiff in ejectment action, with reservation of minerals, held not to affect subsequent purchaser without notice.-Midkiff v. Colton, 149. 244 (U.S.C.C.A.) Evidence held to show that a purchaser of land had no notice of an unrecorded deed to his predecessors in title from a party recovering from them in ejectment, containing a reservation of minerals.Midkiff v. Colton, 149. VENUE. See Criminal Law, 927; Judgment, 341, See Criminal Law, 113-121. 342. See Prostitution. VARIANCE. VENDOR AND PURCHASER. See Fixtures; Mortgages, 8; Sales. I. REQUISITES AND VALIDITY OF CONTRACT. VERDICT. See Appeal and Error, 999-1004; Trial, 315. VESTED RIGHTS. See Constitutional Law, 93. VICE PRINCIPALS. 33 (U.S.C.C.A.) Vendor's agents held guilty See Master and Servant, 162-189. of misrepresentations, if without literal misstatement of fact they knowingly created false impression. Twin Lakes Land & Water Co. v. Dohner, 175. 24(1) (U.S.C.C.A.) Under the rule of the federal courts a warehouseman is liable only for negligence, the burden of proving which rests on the party alleging it, and is not shifted For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER by proof merely of loss or destruction of property in charge of the warehouseman.-United Metals Selling Co. v. Pryor, 621. WARRANTY. See Sales, 287, 429. WATERS AND WATER COURSES. See Vendor and Purchaser, 119. IX. PUBLIC WATER SUPPLY. (B) Irrigation and Other Agricultural Purposes. 222 (U.S.C.C.A.) All persons using or contracting for the use of water for irrigation purposes in Idaho under the Carey Act do so subject to the provisions of such act and of the laws and contracts, of the state for carrying it into effect-Twin Falls Salmon River Land & Water Co. v. Caldwell, 17. The rights of settlers on land in Idaho within an irrigation project created under the Carey Act considered and determined.-Id. Whether a state has actually furnished an ample supply of water for the reclamation of land segregated under the Carey Act to entitle it to a patent held a question of fact to be determined by the Land Department.-Id. WHARVES. 9 (U.S.C.C.A.) A provision in a lease of a coal dock, requiring the lessor on its expiration to take and pay for all machinery and apparatus placed on the premises by the lessee with its consent, construed.-Great Northern Ry. Co. v. Philadelphia & Reading Coal & Iron Co., 387. 20(1) (U.S.C.C.A.) Wharfinger, paid $25 for cleaning up pier and removing sweepings, held not bound to resurface the pier with asphalt in order to make it free of aniline powder spilled thereon.-Toxaway Tanning Co. v. Sulzberger & Sons Co., 476. Wharfinger, which could not have made surface free of powder spilled thereon, except by resurfacing it, and had nothing to do with unloading hides on the pier held not liable for damage to the hides from such powder.-Id. WILLS. See Executors and Administrators; Taxation, 905. WITNESSES. See Appeal and Error, 994; Criminal Law, 510; Evidence; Trial, 140. II. COMPETENCY. (A) Capacity and Qualifications in Gen eral. 78 (U.S.C.C.A.) Ruling that witness convicted of felony was competent, on production of telegram satisfying the judge that he had been pardoned, held not a violation of defendant's rights.-Pablo v. United States, 493. IV. CREDIBILITY, IMPEACHMENT, CONTRADICTION, AND COR ROBORATION. (D) Inconsistent Statements by Witness. 383 (U.S.C.C.A.) In action for wrongful ejection, statement by plaintiff that officer ejecting him wore a Panama hat held too remote as impeachment; it not being shown that none of defendant's officers wore such a hat. Louisville & N. R. Co. v. Burns, 187. 388(10) (U.S.C.C.A.) Admission of conversation, stated to have been had on the 5th or 6th of September, or somewhere along there, as impeachment, held in the court's discretion.Pablo v. United States, 493. WORDS AND PHRASES. "Absolute conveyance."-Kaleialii v. Sullivan, 292 "Actual and necessary cost of preserving the estate."-In re Kinnane Co.'s Estate, 357. "Children."-Kaleialii v. Sullivan, 222. "Company."-In re Order of Sparta, 75. "Compromise verdict."-Goelet v. Matt J. Ward Co., 9. "Determined."-Twin Falls Salmon River Land & Water Co. v. Caldwell, 17. "Laches."-Pickens v. Merriam, 139. "Ordinary care."-Midland Valley R. Co. v. "Pending."-Midkiff v. Colton, 149. "Reasonable care."-Midland Valley R. Co. v. Bell, 391. Bell, 391. Such carrier."-Baltimore & O. S. W. R. Co. v. United States, 196. "Unfair competition."-Miller Rubber Co. v. Behrend, 291. WORKINGMEN'S COMPENSATION ACTS. III. CONTRACTS TO DEVISE OR BE- See Master and Servant, 403. QUEATH. 58(2) (U.S.C.C.A.) Agreement to leave child's WRITING. share of estate to one not legally adopted, or to See Evidence, 215. leave all of property to another, held not enforceable, unless agreement, and that it was WRIT OF ERROR. clear and specific in its terms, are clearly and See Appeal and Error. WRITS. See Habeas Corpus; Injunction. For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER |